Loading...
HomeMy WebLinkAbout1967 01-24 CC MIN131 MINUTES OF THE REGULAR MEETING CF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA January 24, 1967 The regular meeting of the City Council of the City of National City was called to order at 7:30 p.m. by Mayor Morgan. Council members present: Colburn, Harris, Hogue, Reid, Morgan. Council members absent: None ADMINISTRATIVE OFFICIALS PRESENT: Linn, McLean„ Minogue, Associate Civil Engineer Newberry, Osburn, Stockman. The meeting was opened with salute to the Flag led by City Manager Osburn, followed with invocation by the Reverend R. D. Richardson, South Bay Bible Community Church. MAYOR MORGAN presented Edgar Littleford a Certificate of Appreciation for sixteen years of devoted service to the City as an employee of the Park and Recreation Department. Vice Mayor Colburn took over the meeting as the Mayor had to leave for a short period of time. Moved by Reid, seconded by Harris, the minutes of the regular meeting of January 17, 1967, be approved. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 9290, "RESOLUTION DEFERRING INSTALLATION OF CURB, GUTTERS AND SIDEWALKS AT 541 "V" AVENUE," was presented. Moved by Harris, seconded by Reid,, the reading of the resolution be waived and it be adopted by reading of the,title only. Carried by unanimous vote. Absent: Morgan. The title was read. Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. Absent: Morgan. RESOLUTION NO. 9291, "RESOLUTION DEFERRING INSTALLATION OF CURBS, GUTTERS AND SIDEWALKS AT 3035 E. 7TH STREET," was presented. Moved by Harris, seconded by Reid, the readim of the resolution be waived and it be adopted by reading of the title only. Carried by unanimous vote. Absent: Morgan. The title was read. Moved by Reid, seconded by Harris, the Resolution be adopted. Carried by unanimous vote. Absent: Morgan. CITY ATTORNEY McLEAN stated the proposed Weed Abatement Ordinance was not ready for first reading and would be held over. ORDINANCE NO. 1154, "AN ORDINANCE AMENDING ORDINANCE NO. 1124 OF THE CITY OF NATIONAL CITY, CALIFORNIA, AND MAKING CERTAIN MCDIFICATIONS TO THE UNIFORM HOUSING CODE, 1964 EDITION" was presented for the second reading. Moved by Harris, seconded by Reid, the reading of the Ordinance be waived and it be adopted by reading of the title only. Carried by unanimous vote. Absent: Morgan. The title was read. Moved by Harris, seconded by Reid, the Ordinance be adopted. Carried by unanimous vote. Absent: Morgan. COUNCILMAN HARRIS said when a zone variance or zone change was sought petitions were circulated within 300 feet of the property; at times it created a hard- ship on the person circulating the petition, Councilman Harris suggested the City Attorney and Director of Planning check into this and report on it to see if they could eliminate the petition within the 300 foot radius; persons within the 300 foot radius would be notified of the hearing. Moved by Hogue, seconded by Harris, the recommendation of Councilman Harris be approved. Carried by unanimous vote. Absent: Morgan. Moved by Hogue, Mrs. Harris be appointed a member of National City hostesses. The Vice Mayor asked if this was done in the past as one of the Mayor's appointments. The City Manager said it was. Vice Mayor Colburn suggested the item be held until the Mayor's return. Councilman Hogue said he was suggesting the Mayor request her appointment. The Vice Mayor said an 1/24/67 132 appointment like this should be made when the Mayor was present. KATHERINE WILSON, 123 F Avenue, was present and invited the Council and everyone present to attend a meeting Wednesday, January 25th, 8:00 p.m., Central School Auditorium (9th & "E") to hear Mr. Ed Turner, Co -Chairman of the Liberty Amendment in California, speak on the amendment and to answer questions; the meeting would be open to the public. BOB TABOR (Carnation Cab Company) was present and requested the reinstate- ment of his revoked taxi driver permit. Moved by Hogue, seconded by Harris, the request be referred to the City Manager and the Chief of Police and a report be brought back to Council. Carried by unanimous vote. Absent: Morgan. Councilman Harris advised Mr. Tabor it would be two weeks before the next regular meeting when the report can be given to Council and action taken. DORIS MCKINNEY, Civil Service Commission, read a letter from the Commission stating, in reference to the allegations made at the Council Meeting of January 3rd, no member of the Administrative Staff of the City influenced or tried to influence the opinions of any member of that body; the Cityts Administrative Staff was helpful in assisting them but only when requested to do so. FRANZ A. NEFF, owner of Valley Farms Dairy, 2010 Sweetwater Road, was present and requested consideration be given for a change in his driveway; it was installed last year but was a traffic hazard; they would like to extend the side wings on this drive 15 feet on each side and realign it with the exist- ing traffic path to the building. Moved by Hogue, seconded by Reid, it be referred to the Planning Commission, Traffic Safety Committee and the City Engineer. The City Manager said it was a, request for an overwidth driveway; the normal procedure was to announce it at one meeting giving the Council a week to look at it and staff a week to report on it; a report could be made at the meeting of February 7th. Vice Mayor Colburn asked the Associate Civil Engineer and Director of Planning if the information presented was enough to work on. Director. of Planning Stockman said she had not talked to Mr. Neff but perhaps someone in her office had. Associate Civil Engineer Newberry said he believed he talked to Mr. Neff about the driveway but hadn't had a chance to get out and look at it but he believed he knew the problem; it would not be too serious to allow him to go ahead as the•driveway would be removed when 805 Freeway goes through. Councilman Hogue asked if this would add to the cost of the property the State would have to purchase when the Freeway goes through. Associate Civil Engineer. Newberry said he didn't believe so; there would be the same amount of curbs to be removed. Carried by unanimous vote. Absent: Morgan. EDWARD MUSE, owner of the City Cab Company, was present and requested per- mission to transfer his permit (for one cab) to Clyde Hogue; he had proper insurance to cover it. The City Manager said Mr. Muse sold his business consisting of one cab to Clyde Hogue (Taxi Cab Decal No. 16) and was request- ing permission to license it in his name; he made application at the City Treasurer's office and had a Certificate of Insurance acceptable to the City. The City Manager recommended the transfer be approved. Moved by Harris, seconded by Reid, the transfer be granted. Carried by unanimous vote. Absent: Morgan. PAYROLL AUDITED BY THE FINANCE COMMITTEE in the amount of $64,607.36 was presented. Moved by Reid, seconded by Harris, the bills be paid and warrants ordered drawn for same. Motion carried by the following vote, to -wit: Ayes: Harris, Hogue,:Reid, Colburn. Nays: None. Absent: Morgan. The matter of L. T. Derr's withdrawal of appeal of Planning Commission's recommendation to deny his request for zone variance was considered at this time. Director of Planning Stockman reported she talked to Mr. Derr concern- ing his request for a zone variance and appeal of the Planning Commission's recommendation; he wanted to withdraw the request for variance as well as the appeal, but Mrs. Stockman recommended it be carried over on the Agenda to the 7th of February pending receipt of his written withdrawal for formal 1/24/67 133 action. Moved by Hogue, seconded by Harris, the Director's of Planning recommendation be approved. Carried by unanimous vote. Absent: Morgan. The report of ASSOCIATE CIVIL ENGINEER NEWBERRY to the City Manager in regard to proposed 1911 Act improvement (Palm Avenue, 4th Street, Harbison Avenue), was presented. Moved by Hogue, seconded by Reid, this report be accepted. Councilman Harris said 4th Street should be improved from 1/2 block west of Palm to Harbison Avenue, not to Euclid Avenue. Motion and second withdrawn. Moved by Harris, seconded by Hogue, the report be accepted with the addition of 4th Street from Palm to Harbison instead of to Euclid. Carried by unanimous vote. Absent: Morgan. Moved by Harris, seconded by Hogue, along these same. lines a study be made of Harbison Avenue and the new road that :could be the connecting link with Reo Drive in San Diego and Paradise Hills. Carried by unanimous vote. Absent: Morgan. The report of DIRECTOR OF PARK AND RECREATION MALEY in regard to zoo opera- tion and attendance, was presented. Moved by Hogue, seconded by Reid, the report be filed. Councilman Hogue stated the facility was enjoyed by little children -and he hoped some of the problems could be eliminated and the facility maintained. Vice Mayor Colburn said the "Optimists" were partially responsible for the zoo's creation and they would like to see it continued and suggested the City Manager be in touch with the "Optimists" in regard to possible improvements they might offer through their organization. Carried:by unanimous vote. Absent: Morgan. Mayor Morgan returned and presided. The Director of Planning's report in regard to the interpretation of Ordinance No. 962 to prohibit seasonal flower stands, was presented. She said at the May 23, 1966 meeting the Planning Commission interpreted Section 8, Paragraph 8 of Ordinance No. 962 "Florist Shop" to not include "Flower Stand;" no more licenses for such stands were approved for renewal or for issuance since that date and no amendment to the Ordinance had been made. Mrs. Stockman suggested that Jim Christian who protested this interpreta- tion request an amendment to the Zoning Ordinance permitting flower stands within the City; the final outcome would depend upon recommendation of the Planning Commission after public hearing and the final decision of the City Council after public hearing. Moved by Hogue, seconded by Colburn, this be laid aside until further study can be done in this area. Vice Mayor Colburn said he hadn't had time to read the report thoroughly and asked the Director of Planning if the sale of flowers on the corners will not be allowed as had been requested last week; she said originally the ordinance was incorrectly interpreted; the Planning Commission now has interpreted the ordinance as follows: it provides for florist shops but not flower stands; the Planning Commission would be willing to take it under considera- tion on the filing of proper application. The Vice Mayor inquired if proper application would consist of requesting a business license for tempor- ary use. Director of Planning Stockman said he would have to request an amendment to the zoning ordinance to provide for the operation of flower stands; the ordinance has been the same since 1959; prior to that there were agricultural lands in National City and stands were permitted. Vice Mayor Colburn said when it was first suggested flower stands be eliminated he was sympathic to the florists` in town; but Mr. Christian brought a very good point out last week in regard to Christmas trees; the licensing ordinance should be so strong it would disallow anyone infringing on our City but anyone hoping to do business here could proceed as necessary. Mayor Morgan said this was different from Christmas trees; Christmas trees were not sold all the year around. Councilman Hogue said he hadn't seen a flower stand here all the year around; what Mr. Christian was talking about was holidays (Memorial Day and Easter) at which times flowers are as significant as Christmas trees were at Christmas time; National City merchants should be protected and this ordinance should be worked out in such a way that people coming here periodically for a short length of time be charged a different rate than those who remain here at all times. Mrs. Florence Uzumecki, 1/24/67 134 524 "I" Avenue, was present and said anyone willing to pay for a license should be permitted to sell flowers; there is nothing obnoxious about flowers; this would enable a man on a limited income. to supplement his income; she would like to think if the need arose she could sell violets on the corner. Director of Planning Stockman said some of the reasons the Planning Commission was against this were that a florist shop was required to maintain a setback and to have off street parking; flower stands were not; these flower stands were evident around holidays and were located at busy intersections where the stopping of cars caused traffic difficulties; their stands encroached upon the sidewalks and were on other ownerts parking lots in some cases. Councilman Hogue asked if the Director of Planning was saying the people selling flowers were more detrimental to the City than the people selling Christmas trees. The Director of Planning said she did not mention Christmas trees but would make further study on Christmas trees. Mrs. Uzumecki said she did not believe the people selling flowers encroached any more than second hand stores with wares on the sidewalk. Councilman Harris said there should be a study on the Christmas trees, and on used furniture on the sidewalks; two or three wrongs would not make a right. Mayor Morgan said furniture set out in front of businesses was under study by the Planning Commission. Mrs. Lorna Harris, owner of the 8th Street Florist, was present and said she did maintain flower stands and knew something about it; flowers in buckets and cans, protected by pieces of plywood or plastic were not ornamental; also when these temporary licenses were granted they could be used for 30 days without moving the business, according to the State Board of Equalization; organizations were working to improve the image of the City. Motion failed by the following vote, to -wit: Ayes: Colburn, Hogue. Nays: Harris, Reid, Morgan. Moved by Harris, seconded by Reid, the recommendation of the Planning Commission be accepted. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Reid, Morgan. Nays: Hogue. DIRECTOR OF PLANNING STOCKMAN recommended the request of Mildred C. Haaf for canvas marquee at 1309 Highland Avenue be permitted, subject to the 11 conditions stipulated by the Planning Department. Moved by Colburn, seconded by Harris, the request be granted subject to the Planning Commissionts recommendation. Councilman Reid inquired what it would be made of. The Director of Planning said it would have to be corrosion resistant material. Councilman Reid inquired if the set back was the same on Highland Avenue all the way through. The Director of Planning said there was a 10 foot set back from 8th Street south. Lewis A. Freymann, 232 E. 9th Street, general contractor representing Mrs. Haaf, was present and requested the proposed construction be designated as an entrance canopy and not a marquee; the canopy will be of uninflammable material, the set back will be on a base of iron, and the construction will meet the requirements of the Building Department. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Morgan. Nays: Reid. The request of the Sweetwater Union High School PTA for free use of the Kimball Community Building for the Senior After -Prom, May 27th, from 11:30 p.m. to 4:30 a.m. (cost of event to the City, $47.25), was presented. Moved by Hogue, seconded by Reid, therequest be granted and cost to the City be paid. Mrs. Ruble R. Beauchamp, 1430 Sheryl Lane (Chairman of the Senior After -Prom), was present and said she understood the building could no longer be used at no cost; however, the event would take a lot of the children off the street and they would be given a good time and be well chaperoned; Director of Parks & Recreation Maley and M. Campbell, Principal, Sweetwater Union High School, have a working agreement for the use of this building and the school gymn. Mrs. Beauchamp continued to her knowledge there was no charge to the Recreation Department for the use of the school gymn. Councilman Hogue said school facilities were available for public use without charge; he agreed it was a worthwhile cause but there were other worthwhile causes; to be fair to all people they charge a minimum fees even to their own City employees; if they deviated Tres this they would have the same old problems. Vice Mayor Colburn said he concurred; the charge of 1/24/67 135 $47.25 was small and there were probably 47 people in National City willing 10 donate a dollar apiece toward covering that expense; he would contribute the first dollar. Mayor Morgan said he worked for several years on relation between the school gymn and their facilities and the City of National City; this was a fine project and they should have free use of the building. Councilman Harris said for this type of event he would like to see the costs waived. Vice Mayor Colburn stated this was in effect a request for the City to donate $47.25 worth of labor to a specific group for an event open to only a few; it was not a public event. Motion carried, by the following vote, to -wit: Ayes: Colburn, Hogue, Reid. Nays: Harris, Morgan. A communication from WALTER R. HALLAM, PRESIDENT, SOUTH BAY POP WARNER JUNIOR FOOTBALL LEAGUE, in appreciation of the "no fee permit" for rummage sale, was presented. Ordered filed, by unanimous vote. A communication from San Diego City Manager Hahn stating their intention to review traffic conditions periodically after the opening of the Coronado Bridge so a request for southerly ramps to Interstate 5 could be made in time to avoid traffic congestion, was presented. Ordered filed, by unanimous vote. A communication from the National City Pony League requesting food handling permit be granted without fee to the Pony League and the American Little League for joint operation of concession building in Kimball Park (item No. 4-a on the Agenda), was presented. City Manager Osburn said the City had no control over the food handling permit; that was a County function; he recommended going along with the rest of it. Moved by Harris, seconded by Hogue, the City Manager►s recommendation be approved. Carried by unanimous vote. The Mayor asked if the motion included both No 4-a and No. 4-b on the Agenda. Councilman Hogue said he asked the City Manager if he agreed with the rest of the report; he said "yes" and Mr. Harris made the motion. Bob Worthy, 1223 Manchester (Chairman, Park & Recreation Advisory Board), was present and said he was interested in the No. 4-b section. The Mayor said he did not realize when he was voting he was voting for No. 4-b; he was not sure he wanted to vote that way. The City Manager said he was under the impression they were voting on No. 4-a only, The Mayor asked if it was the intentio❑ of the Council they vote on both items at the same time. Councilman Harris said when he made the motion it was for No. 4-a only. The communication from the National City Pony League making formal request for seasonal use of the night -lighted ball field (Hart Field), the concession building and all equipment and appurtenances of common necessity to the overall operation of the program. (item No. 4-b), was presented. Mayor Morgan suggested the Council get a recommendation from Director of Parks & Recreation Maley on this request; it was Mr. Maley who worked out the schedules, then they were approved by the City Manager and the Council. Mr. Worthy said he wanted to be certain the field would not be locked so other activities could not take place. Moved by Harris, seconded by Reid, this request be laid over and a recommendation be brought back from Mr. Maley and City Manager Osburn. Councilman Hogue suggested things of this nature could be looked into and recommendations made before being put on the Agenda; similar requests from Pony League were worked out in the past. Carried by unanimous vote. A communication from City Manager Osburn in regard to accidents and insurance reporting procedures, was presented. Moved by Colburn, seconded by Harris, the communication be accepted and filed. Carried by unanimous vote. A communication from Chief Administrative Officer, San Diego County, enclosing County Counsel Bertram McLees, Jr., opinion there was no illegality or other basis for refund of taxes by the fire district or City under facts set forth in his communication, was presented. Ordered filed by unanimous vote.. 1/24/67 136 A communication from Police Chief Cagle enclosing a letter of resignation from Poundmaster John T. Nabors, Jr., effective January 17th, was presented. Moved by Reid, seconded by Colburn, the communication and letter be filed. Carried by unanimous vote. A communication from the League of California Cities, San Diego County Division, in regard to a golf tournament for Mayors, Councilmen, Department Heads, and guests the weekend of February 18th at Oceanside, was presented. Moved by Harris the Mayor try to attend and ask three other people from our City to go along and pay their own expenses. The Mayor said he would like to see at least a foursome attend from National City; they expect a foursome from every city in the county. Carried by unanimous vote. A communication from Lee R. Moore, Diamond Cab Company, requesting a change in the wording of the cab ordinance to allow permits to be interchangeable within a fleet of cabs for use when a cab is not in operation due to accident, repair work, etc,, was presented. The City Manager said the ordinance required the license to be on a cab when it is in operation; there was no provision at this time to interchange license with another cab when one is not working; the total number of cabs licensed during 1966 was 57; all the licenses have not been renewed yet; Mr. Moore had 15 licensed and was requesting 3 more. The Mayor said they should permit the interchanging as sometimes the cabs break down and it could make a hardship on some of them. Councilman Hogue asked if the ordinance could include that they must notify the Chief of Police when they are going to make a change in permit from one cab to the other. The Mayor asked the City Manager how much bookkeeping that would involve. The City Manager replied not having changed them around before he didn't know; if the decal was applied to a piece of metal which was screwed to the cab and removed when necessary, the interchange could be accomplished easily; this is the basic thing Mr. Moore is interested in, to keep his cabs from getting picked up. Moved by Harris, seconded by Reid, this request be granted with the Chief of Police and the City Manager to work out an agreement on how it in to be handled. Earl Crawford, 1104 Roosevelt,. was present and said when he had his ambulances he put his City licenses on a metal plate and atached it to the vehicle; in the event an ambulance was out of commission he transferred the plate to -another vehicle; the licenses were not issued to a specific car but axe licensed as a unit. Vice Mayor Colburn said in 1965 he brought up this same point; it was his opinion at that time that these licenses would be transferrable on a break- down so no one would be forced to buy a new license in the middle of the year if he purchased a new vehicle; when the decals came out he was surprised; he had in mind a metal license tab attached to the vehicle which could be transferred over. Carried by unanimous vote. A communication from Lee R. Moore, Diamond Cab Company, requesting three additional licenses for taxicabs, was presented. Moved by Colburn, seconded by Reid, the issuance of the three new licenses be referred to the City Manager for a report. Vice Mayor Colburn stated they increased the taxi license fee hoping to eliminate the excessive number. Lee R. Moore, Diamond Cab Company, 2428 Granger Street, was present and said he wanted to point out his was the only cab company based in National City and it seemed to him he should receive preference when the licenses are issued. He said actually he didn't want to license three cabs to operate out of National City; it was the inconvenience of having his cabs stopped; twice one of his drivers was stopped and issued a citation; he had not picked up his fare here but had dropped him off and to eliminate that he was willing to pay $150.00 for additional licenses. Mrs. Lee R. Moore was also present and re -stated her husband's intentions. Motion and second withdrawn. Moved by Colburn, seconded by Harris, the request for the three additional licenses be approved. Carried by unanimous vote. Moved by Colburn, seconded by Reid, the City Manager's office make a study on the saturation point that could possibly come about to where they would cut off the issuance of licenses. J. W. Kirby, 115 E. l8th Street, was present and said the Diamond Cab Company was the only locally owned, locally operated, locally controlled 1/24/67 137 cab outfit; he thought the limitation of cabs might be in order but he thought the first consideration would be to limit the outsiders. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a letter from Ray Overton, 1104 E. 17th Street, requesting a driveway to be constructed under the new 1911 Act (17th Street, J to L); it was referred to the Engineering Department and they have been checking the area. Councilman Hogue asked if under the 1911 Act the cost of the driveway would be included in other people's assessments. The City Manager said Mr. Overton would pay the full cost. CITY MANAGER OSBURN reported receipt of a request from Carlie Meyer, Acting Librarian, for emergency leave from February 1st - February 14th for Shirley Dupin, and he recommended this be approved without pay. Moved by Harris, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of two requests from Carlie Meyer, Acting Librarian: Sandra Portillo, Temporary Library Clerk, be appointed for an additional 90 days over and above the two extensions she had had; and Mrs. Elizabeth Glover be allowed to continue until a list can be established for the position; the present list will expire February 1, 1967; the City Manager recommended these requests be approved. Moved by Colburn, seconded by Reid, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN reported receipt of a letter from Walter Carey, Secretary - Manager, South Bay Irrigation District, notifying their Board of Directors of the meeting with the City Council on Tuesday, January 31st, at 6:45 p.m. in the Council Chamber of National City. CITY MANAGER OSBURN said in regard to the escrow for Continana Convalesant Centers Continana Vice President Moore flew down from Los Angeles tonight to attend this meeting and he handed the City Manager a note saying the Board agreed it would be easier to extend the escrow and to release 1/3 of the purchase price now to the City; in other words, rather than to request an -extension of the escrow or try to close the escrow and take back the trust deed they propose to deposit 1/3 of the $52,500.00 or $17,500.00 in the escrow for immediate release to the City (and by this act it would extend the escrow 6 months at which time they would close the escrow or there would be no strings attached to the $17,500.00). The Mayor asked the City Attorney if he could work this out so that it could be released and the money retained by the City in case there were any failur-es and bring back a report next week. The City Attorney said he could. The City Manager said the escrow extension ended January 20th; the letter he had from them was dated January 19th but their Board meeting in Los Angeles was January 24th and 25th. Councilman Reid asked if this one item could be brought up at the Special Meeting on January 31st. The City Attorney said if a motion to adjourn to Tuesday, January 31st was adopted then the meeting on the 31st would be an adjourned meeting at which any business could be conducted; the matter could be considered at that time; if the Council closed this meeting, then it could not be done on Tuesday, the 31st. The Mayor asked the City Attorney for a recommendation on how it could be handled. The City Attorney said he thought one of two things could be done: if the time for the escrow has come and passed and they haven't performed their obligations under the escrow agreement (and they haven't) one of the things that could be done was to terminate any further relationship with this company; if they wanted to do that then they should adopt a motion instructing the City Attorney and the City Manager to conclude the escrow due to the failure of the buyers to fulfill their obligations; he suggested if they wanted to work along with the buyer and not take advantage of their present breach of contract, then. the action they could pursue would be to adopt a motion the Council consent to the extension of this escrow until Wednesday of next week and the matter of the extension of the escrow be on the Agenda next Tuesday at the adjourned 1/24/67 138 meeting of the City Council. The City Attorney said assuming the Council moved to adjourn, _he Would at that time tell them whether or not he thought they could come to terms with Continana about extending the escrow on payment of $17,500.00; these were the two choices. Moved by Colburn, seconded by Harris, the escrow be extended until eight days from today which will be the 1st day of February. Vice Mayor Colburn said they received a $5,000.00 deposit on this development and expected to receive another $17,000.00 which would give them a total of $22,000.00 and if at the end of the requested time they still haven't performed, the City would be safe in saying they made a good investment in collecting $22,000.00 rent. Ed Moore, Executive Vice President of the Continana Convalesant Centers, 2677 Locust Street, San Diego, was present and said Mr. Osburn had in his files a letter from the President of the Continana Corporation; as the result of a Board meeting they were offering to make a one-third payment on the escrow; in a conversation with Mr. Osburn they discussed the possibility of a trust deed but, in order to make it easier the decision of the Board was, at the option of the City, either to accept their request as they made it or to extend the escrow, in either case the $17,500. be forfeited. Carried by unanimous vote. CITY MANAGER OSBURN said he received an offer on real property and recommended the Real Estate Committee meet Thursday, January 26th, at 4:00 p.m. The Mayor (Chairman, Real Estate Committee) called a meeting for that time. COUNCILMAN HOGUE said he understood the escrow they had with Continana Convalesant Home had expired and there were certain agreements that if they did not live up to the escrow a certain amount of money would cane back to the City; as he understood it, the idea now is to write a new escrow and ignore this $5,000.00 or whatever the amount was they owed for being delinquent on the escrow and set up a new escrow; was this the intention? The City Manager said it was not; they gave us some $5,000.00 for a.n option on this property; it was placed in escrow and for various reasons this thing has been extended; the last extension was up to January 20th; he received a letter from them on January 19th where they are willing to close the escrow or attempt to close the escrow; the latest thing was handed to him just before the meeting by Mr. Moore and they have agreed to hand the City $17,500.00 in addition to the $5,000.00. Mr. Moore said Mr. Hogue should know a provision of the escrow was in the event financing wasn't available, the original $5200.00 deposit would not be forfeited; what they were agreeing to now was to put up $17,500.00 which would be forfeited in the event they did not close the escrow or pay off the first trust deed, which ever is the option of the City Council; they thought mechanically it might be easier to just leave the escrow open so the City would have the use of the $17,500.00 without any contingency to it; the original $5200.00 did have a contingency to it, subject to financing being available; in the event they cannot close the escrow there are no strings attached to the $17,500.00. The Mayor invited Mr. Moore to attend the Real Estate Committee meeting January 26th at 4:00 p.m. CITY MANAGER OSBURN reported receipt of a letter from the Public Utilities Commission enclosing a copy of an application from the San Diego Transit Company for authority to make changes in Routes L, V and 4; they have gone over this and found there was no real change other than basically a letter change in some of the routes and the possibility of improving bus service to military personnel and suggested it be referred to the Chamber of Commerce to have their committee make a study of it. Moved by Hogue, seconded by Colburn, the City Manager's recommendation be approved. Carried by unanimous vote. CITY MANAGER OSBURN recommended the payment of approximately $12,000.00 be made to Stanley Dodge for eight police vehicles purchased from them and which were received. Moved by Harris, seconded by Reid, the payment to Stanley Dodge be made. Carried by the following vote, to -wit: Ayes: Colburn, Harris, Hogue, Reid, Morgan. Nays: None. 1/24/67 139 A communication from the City Clerk requesting a bulletin board be provided, was presented. Moved by Hogue, seconded by Harris, the City Manager be informed to obtain a suitable bulletin board which would set up against the wall downstairs, a wooden case with sliding doors that would lock and be installed in the lobby. Carried, by unanimous vote. THE CITY TREASURER'S REPORT for the month ending December 310 1966 was presented. Moved by Colburn, seconded by Harris, the report be accepted and filed. Carried by unanimous vote. CITY CLERK MINOGUE read the Mayor's proposed Proclamation of "AMERICAN HISTORY MONTH" (the month of February). Moved by Harris, seconded by Reid, the Proclamation be approved. Carried by unanimous vote. COUNCILMAN HOGUE said he thought it was amazing to him the list of things performed by the City Clerk and City Treasurer which they are not required by law to do; the City Manager indicated money was available to increase the salaries of these officials and he would therefore move the salaries of the City Clerk and City Treasurer be increased $100.00 a month until the next election which is April of 1968. Motion died for lack of second. Vice Mayor Colburn said he did not agree with the motion as it was stated; he did concurr on the additional $100.00 per month but would like the City Attorney to state whether or not they could pay them the money for services rendered but not as an increase in their salaries. The City Attorney said he believed it could be increased because of the provision of the Government Code which says the restriction on increasing the salaries of elected officials during their terms of office is suspended during a period of war and war is defined as "a conflict, not necessarily formally declared, involving the armed forces of the United States," and it is the opinion of the Attorney General that the conflict in Viet Nam is such a conflict. Vice Mayor Colburn said Council should vote on whether or not they want to increase the salaries or whether or not they want to pay them for services rendered; it was his thinking they would pay the City Clerk and City Treasurer for services rendered and put the salary increase on the ballot and let the people vote "yes" or "no" on the salary increase. Moved by Colburn, seconded by Hogue, the City Treasurer and City Clerk be paid $100.00 a month each for the extra services rendered, to be paid until the end of the fiscal year that we are presently in and at that time the amount to be reconsidered by the Finance Committee: Councilman Harris asked the Vice Mayor when did he plan for this to start; the Vice Mayor said to become effective immediately, and if legal, to become effective the month of January. Carried, by the following vote, to -wit: Ayes: Colburn, Harris, Hogue. Nays: Reid, Morgan. MAYOR MORGAN said he would like to have a study how other cities handle their tow trucks. The City Manager said they have done some checking on this already; some of the cities were going to bid; they are checking now with the City Attorney to determine if it is legal for the City to go to bid to put the City work out to two or three or whatever number they come up with to handle all of the City towing; it was usually charter cities that have done this and they are checking now to see if it is legal for a General Law City to do it; when the report was complete it would be brought before the Council. MAYOR MORGAN said he had been very critical about changing the budget; when they signed the contract to build the Civic Center they didn't have the money to complete the Civic Center; the additional money had to be taken out of the General Fund; this has been up to $118,000.00 and it has been worked down now to $98,441.52; this coming out in red was not this Council's making; by law, this money will have to be back in the General Fund by June 30, 1967, so that is one reason he had been critical about changing the budget. The Mayor said he was not responsible for going into the red, but felt responsible for getting the money back into the General Fund. 1/24/67 140 Moved by Colburn, seconded by Harris, the meeting be adjourned to Tuesday, January 31st, at 6:45 p.m. Florence Uzumecki asked what had been decided on the Sweetwater Union High School PTA request; the Mayor said they will have to pay the cost of $47.25 to the City. Carried by unanimous vote. The meeting adjourned at 9:30 p.m. ATTEST: I \ CITY CL/1 ERK MAYOR, CITY OF CITY, CALIFORNIA 1/24/67